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2024 Supreme(Online)(MAD) 28190

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.09.2024 CORAM THE HONOURABLE MRS. JUSTICE R.N. MANJULA W.P.No.25055 of 2024 and W.M.P.No.27390 of 2024 P. Mohan ... Petitioner Vs.

1. The Managing Director, Tamilnadu Civil Supply Corporation (TNCSC), Chennai Metro Rail Campus, Koyampdu, Chennai - 600 107.

2. The Senior Regional Manager, Tamilnadu Civil Supply Corporation, Collectorate Campus, Nagapattinam, Nagapattinam District. ... Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the entire records pertaining to the order in Pa.Ko.Me.Mu.Va.No.41/2018 dated 09.04.2019 passed by the Naduvar Appellate Tribunal (under gratuity Act 1972) Trichy and quash the relevant portion as illegal and direct the respondents to pay the 10% interest for both the delayed disbursal of gratuity (1 year 10 months 23 days) and delayed the disbursal of the leave salary (18 years 1 month 25 days) within a stipulated period.

For Petitioner : Mr.R.Lakshmanan For Respondents : Mr.C.Selvaraj Standing Counsel - - - - -

ORDER

This Writ Petition has been filed challenging the order in Pa.Ko.Me.Mu.Va.No.41/2018 dated 09.04.2019 passed by the Principal Appellate Tribunal, Trichy.

2. The learned counsel for the petitioner submitted that this petitioner is the appellant before the appellate authority and has filed an appeal challenging order of the appropriate authority under the Payment of Gratuity Act. The appropriate authority has passed the order dated 04.05.2018 holding that the petitioner has already been settled with the gratuity amount and so, nothing remains to be paid to him. The petitioner has challenging the above order stating that he is entitled to interest for the delayed settlement at the rate of 10%. The appellate authority while considering the above appeal has passed the order stating that the petitioner is entitled to interest at the rate of 10%.

3. It is claimed by the petitioner that having held that the petitioner is entitled to interest at the rate of 10%, the appellate authority ought to have allowed the appeal, but, instead it had chosen to dismiss the appeal by mistake. The relevant part of the orders speaking about the entitlement of the interest as stated in paragraph No.9 of the impugned order which would read as under:-

9/ nkYk;. fPHik ePjpkd;wj;jpy; vjph;kDjhuh; jug;gpy;

rhd;whtzkhf jhf;fy; bra;ag;gl;Ls;s rk;gs tptuj;jpy; vjph;kDjhuh; filrpahf bgw;w rk;gsk; +.67/365/- vd bjhptpf;fg;gl;Ls;sJ. vdnt +.67/365/-I nky;KiwaPl;L vjph;kDjhuh; filrpahf bgw;w khjr;rk;gskhf fPHik ePjpkd;wk; rhpahfnt Kot[ bra;Js;sJ vd;Wk;/ tH';fg;gl ntz;oa bkhj;j gzpf;bfhil bjhif +.12/82/525/- vd;Wk;/ eph;thfj;jhy; Vw;fdnt tH';fg;gl;l gzpf;bfhil bjhif +.10/00/000/- vd;Wk;/ gzpf;bfhil gl;Lthlhr; rl;lk; gphpt[ 7(3A)d;go tH';fg;gl ntz;oa ehspypUe;J fPHik ePjpkd;wj;jpy; itg;gPL bra;a[k; njjp tiu 10% tl;oa[k; tH';fg;gl ntz;Lk; vd;Wk;/ rhpahf fzf;fPL bra;Js;sJ vd;Wk; Kot[ bra;fpnwd;.

Wherein it is observed that the gratuity amount payable to the petitioner has been rightly calculated along with interest and hence, the computation is correct. Only after holding the above fact, the appellate authority has proceeded to dismiss the appeal. Hence, it is wrong on the part of the petitioner to construe that after having given the favourable finding, the appeal has been dismissed by mistake. He has misconstrued the discussion made by the appellate authority, wherein he has stated that the amount already awarded is inclusive of interest at the rate of 10% and it has been properly computed. In fact, he had adopted the word "rhpahf fzf;fPL bra;Js;sJ" meaning to say that the amount has been rightly computed. As the petitioner did not have any further entitlement, the appeal has been dismissed. Hence, I do not find any ground to interfere with the order passed by the Principal Appellate Tribunal, Trichy.

Therefore, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

03.09.2024 asi To

1. The Managing Director, Tamilnadu Civil Supply Corporation (TNCSC), Chennai Metro Rail Campus, Koyampdu, Chennai - 600 107.

2. The Senior Regional Manager, Tamilnadu Civil Supply Corporation, Collectorate Campus, Nagapattinam, Nagapattinam District.

R.N. MANJULA, J.

asi and W.M.P.No.27390 of 2024

03.09.2024

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